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COPYRIGHT OWNERSHIP/INEFFECTIVE TRANSFER
The U.S. District Court for the Southern District of New York issued a declaratory ruling that singer Barbara Mason owns the song copyright to her 1965 hit recording “Yes, I'm Ready.” Mason v. Jamie Music Publishing Co. (JMP), 05 Civ. 9922(BSJ)(JCF). Mason was 17 years old when she wrote the song. A Philadelphia Orphan's Court had appointed a guardian for Mason and directed the guardian to execute management, recording and songwriter agreements on her behalf. The songwriter agreement with Stilran Music & Dandelion Music (i.e., JMP) stated that Mason assigned to the publishers the rights in songs that she previously wrote that were listed on a Schedule B, but Schedule B wasn't filed with the Orphan's Court. The publishers federally registered the copyright in 1965 with themselves as claimants; Mason filed a renewal copyright in 1993 listing herself as copyright owner. In 2007, she signed an agreement to sell her copyright interest to Embassy Music Corp.
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.